-
The Division of Authority Between the Special Trial Counsel and Commanders Under the Uniform Code of Military Justice: Planning Now for the Next Phase of Reform
In late 2021, Congress reformed the military justice system in a way that materially alters the traditional division of prosecutorial responsibility between nonlawyer military commanders and uniformed la... -
Trump’s Presidential Records Act Violations: Short- and Long-Term Solutions
What are available mechanisms for accountability against a president who violates these rules? -
War Powers and State Sovereign Immunity in Torres v. Texas Dep’t of Public Safety
The Torres decision will not only determine if protections are available to hundreds of thousands of veterans against employment discrimination but also could have broader ramifications for the war power... -
An Important Development in the Law of Diplomatic Appointments
With the Department of State Authorization Act of 2021, President Biden signed into law substantial constraints on ad hoc diplomatic appointments. Here’s an explainer on the new law’s background and key ... -
Biden Signs Executive Order Making Sexual Harassment an Offense Under the UCMJ
Prior to the order, there was no charge for sexual harassment under military law; instead, it was prosecuted under various sections of the UCMJ. -
The Biden Administration’s Aggressive Policy Changes to Combat Corruption
The Biden administration’s new strategy to combat corruption defines it as a national security risk to the economy and to democracy itself. But it is unclear how effective this plan will be against the b... -
Remembering the Selective Draft Law Cases
On this day in 1918, the Supreme Court unanimously upheld the constitutionality of a national draft. That ruling illustrates how military powers in the Constitution have continuously adapted throughout A... -
What the FY 2022 NDAA Does, and Does Not Do, to Military Justice
The President just signed the FY 2022 NDAA bill after contentious debate throughout Congress. But what reforms does it actually make (and what does it not change at all)? -
National Defense Authorization Act for Fiscal 2022
The 2022 NDAA authorizes $768 billion in funding for the Defense Department. -
Trump’s Judicial Campaign to Upend the 2020 Election: A Failure, But Not a Wipe-Out
While Trump lost the 2020 election litigation battle, he received more judicial support than you might think. -
Trump’s Intelligence Briefings: Better Than Some Feared, Worse Than Many Hoped
New information about interactions between intelligence officers and Donald Trump as a presidential candidate, as president-elect and as president points to the limits of what an enterprise dedicated to ... -
A White House Inspector General for Accountability
The White House lacks an important mechanism for accountability, documenting wrongdoing and executing corrective action. A quasi-inspector general tasked with ensuring proper function of the staff and fr...